Another long winded one but may answer a few questions
Date 20th September 2018
To whom it may concern,
To clarify my grounds for appeal are
I will deal with each of the points in the order you presented them within your response.
During my interview I explained that I was unable to commit to unsociable hours due to being a single parent and that I would only provide care within the community as a last resort. This was agreed, and the job was offered to myself on those conditions.
Companies response - There are no notes on the interview sheets that you were unable to commit to unsociable hours due to you being a single parent.
My response- I believe that the availability sheet completed at induction will demonstrate my availability.
Company response - Within your job offer letter, it states:
“As discussed in the interview, you will be required to work at the facility whilst you are setting up your team and will be available to conduct domiciliary visits as and when required’.
My response - This is correct inline with my normal working hours which are 3 days weekly 9am - 17.00pm
Company response - See clause 10 of your Contract of Employment. It does not mention 20 office-based hours and 20 community-based hours.
Clause 10 of your Contract of Employment states:
“Your duties are those which the Company may from time to time consider as falling within the general ambit of the title of your appointment as Support Worker, but the Company may in its discretion require you to take any appointment or duties it considers appropriate to your abilities which may include relocation to a different site or division of the Company.”
My response- I am not employed or never have been employed as a support work so this is not applicable.
My response- You have always been office based with very minimal community work.
Company’s response- This is correct, given Companies nature of work at the time.
My response- This is the job I requested to return to inline with the guidance “You are entitled to return to exactly the same job on the same terms and conditions if you return during or at the end of your OML period” I uphold that I have been discriminated against for taking a short period of maternity leave and are subject to detrimental treatment by Company insisting I return to a community based role . This has mounted to my resignation and is constructive dismissal.
Company response- However, as per your Contract of Employment, you are expected to work in the community as and when Company requires.
My response - This has always been minimal and has not made up the majority of my job roleI agree I have occasionally worked the community and these occurrences have been last resort. If I provided cover in the area this was first requested by college and I would provide support if able to find child care. This was never evening work, very rarely weekend and predominantly on days I was working from 8.30am. This support was also in addition not instead of my guarantee 24 hours paid office work. Companies offer of being “reallocated care calls throughout the day” is not my job role prior to maternity leave and again I uphold that I have been subject to detrimental treatment due to maternity leave .
Company response - Any verbal communications were informal. No return date was ever provided to Company.
My response- I informed company of my eight weeks notice on the 29th of June in writing to return to my previous job role . Any questions were in regard to the change of role not around my return.
My statement- Around the 21st of April you were informed by an ex-employee that Company had promoted a team leader to deputy manager. You are unsure why you were not made aware of this, as it is a requirement you are informed.
Companies response - This new job opportunity was not advertised as there was only one person within Company already qualified for this position. Therefore, the new job role was offered to this person.
You were not qualified for this position.
If the job had not been filled internally, Company would have had to advertise this job externally due to the job requiring the employee to be qualified at a Level 5, in Health & Social Care.
My response- This does not answer why I was not informed of changes to company structure mainly the introduction of a deputy manager this failure to consult again mounts to less favourable treatment due to maternity leave.
My statement- On the 29th June you left a hand-written note at the Company office requesting to return to work one day a week. On the 11 July you received an email stating there were no office hours available and were offered to work community based. You declined community working.
Response - As per your Contract of Employment, community working was part of your job remit.
Company offered you to return one day a week, in line with your contractual duties.
You declined to return to work.
My response - I declined to return to Company change in my job role as it is unsustainable with childcare costs and an informal demotion.
My statement- 24th July you attended a meeting and were told there was uncertainty of your employment’s future but would know later that day when Company business manager returns.
You were also told your job role had changed and that it now required you to work community based and more unsociable hours.
I explained this was not possible before I had my baby and was now impossible.
Company response- You were informed that you would be needed to work more in the community until additional staff were recruited, and until more of a client base was built up in Area
As per your Contract of Employment, this was within your contractual remit.
You declined to return to work on this basis.
Company told you they would inform you if there was a possibility of you returning to a fully office-based job, as that is only the job you wished to return to.
My response - I agree I informed Company I would not be able to return to the changed job role however I Was hoping to return to previous job role and have communicated this on several occasions.
Company confirmed on the 23rd of August I would be unable to return.
My statement- On 21st August you contacted Hr and expressed your disappointment and stated the stress and upset this situation was causing.
In line with company grievance procedure a grievance should of been raised at this point and myself provided with the grievance procedure. This did not happen .
You were told that you could return to work in October.
Company response - When you initially indicated you would return to work on 29th June, and therefore gave your 8-week notice, you refused to return.
My response- This is incorrect . I only refused to return to amended job role and was preparing to return to work on the 24th August inline with 8 weeks notice.
Company statement- It was explained to you that there was uncertainty regarding My area and the volume of work Company has in that area. You were told that you would have to work in Diffreny area until Company knew what was happening in my area .
Company response- It is Companys position that you would be returning to your contractual job, as per your Contract of Employment.
My response- It is my position that any contract of employment has been replaced with custom and practice and Company has prevented me from returning to my previous job role.
On 23rd of August 11.30 you were given a letter stating your role was redundant. However, you were expected to return to work in the community.
The letter clearly states:
“I am also obliged to advise you, that in your absence, there has been a dramatic reduction in the instructions we have been receiving from City Council, in other words work that you were heavily involved in.”
“Therefore, we write to advise you that on your return you will be reallocated to care calls throughout the day, which of course form part of your role in any event.”
Your role was not made redundant.
My response- I agree however this does confirm a change to job roleConsidering the offer of Company to return to work where “you will be reallocated to care calls throughout the day.” and “no office hours available“ this would be forfilling the role of support worker and thus a demotion on my return. This is less favourable treatment due to a period of maternity leave and thus maternity discrimination. As an employee returning to work having taken less than six months maternity leave I have the right to return to my job on the same terms and conditions as before I left, if the job exists.
Despite me being in receipt of numerous communications stating redundancy, some of which marked “without prejudice” please note this shouldn’t be upheld in a cases of discrimination as I feel this is.
My statement- Company has now confirmed that there is no redundancy situation thus confirmation that my job still exists so by refusing my return to my previous job they have again discriminated against me due to a small period of maternity leave.
My statement- On 2nd September you resigned via email. On 4th September Company accepted your resignation.
Company response- You did not have a legal obligation to return to work until the 8 weeks’ notice was given.
Company statement- As stated above, you were told you could return to work, however you declined this.
My response - As stated through this response I refused to return to amended job role . With notice given I was legally entitled to return to employment on the 24th of August 2018 , this is the date Company selected to hold a not with prejudice meeting, which is the reason I did not return on this date .
Company response- It was thereafter stated by the company you could return to work in different area until the My area issue was resolved.
My response- Again this is a community based role and different to my previous job role.
Company response- At no point did you then agree to return to work on this basis.
My response- This is correct however I always expressed my wish to return to my previous job role.
Company response- Thereafter, you received the letter dated 23rd August stating the City Council work had dramatically reduced.
Therefore, you could return to work and be reallocated to care calls, which is within your Contract of Employment remit.
My response- Again this job is unsuitable and impossible for me to forfill given my family commitments.
Company statement- You were always welcome to return to work on that basis. However, you resigned on 2nd September.
My response- I resigned due to being in receipt of a not with prejudice settlement agreement dated 29th September , five days after my legal right to return to work , which confirms Company where not going to allow me to return to my previous job role, however due to this settlement agreement not including my outstanding smp the solicitor would not sign . This was relayed to Company who chose not to deal with this situation and leave for at least a two week period due to annual leave .
Between the 29th of June and 24th August I contacted Company numerous time these include but not limited to telephone calls to DM on 13,17,21 and 23rd of August 2018 , during these calls I was told that there was no update available and that I could not return to work until 1st October 2018 , this was incorrect and again shows where the trust and confidence I had in Company has been manipulated to try and prevent me from return from maternity before six months leave . I also emailed on the 14th August 2018 with no response received.
This highlights the way this whole situation has been delt with and the way my trust and confidence in my relationship with Company has been abused to keep me at a disadvantage.
My statement- You feel regulation 10 of maternity and parental leave regulation 1999 has been breached.
Regulation 10 of maternity and parental leave regulation 1999 states:
10. (1) This regulation applies where, during an employee’s ordinary or additional maternity leave period, it is not practicable by reason of redundancy for her employer to continue to employ her under her existing contract of employment.
Company response- Your job was never made redundant.
My response- Considering the redundancy communication I seek clarity if this is not the case why was I unable to return to my previous job role
My statement- In consideration of the grievance outcome , it is my opinion that discrimination due to you pregnancy and maternity are evident as well as constructive dismissal.
I look forward to your response on this matter.
Yours sincerely,
Emma lock
- written contract dated 4th may 2016 has been replaced by custom and practice thus any reference to this in original response is irrelevant.
- there has been no response on less favourable treatment mainly not informing me of important changes such as the introduction of a deputy manager.
3)There has been no response given to the manner in which this suituation has been delt with and the incorrect information received.
- There has been no response to the brake down of mutual trust and respect
[Edited by MNHQ to remove personal info]